HomeMy WebLinkAbout2004-03-18 Special Meeting Abatement Hearing City Commission Meeting Agenda Packet AGENDA
DANIA BEACH CITY COMMISSION
SPECIAL MEETING
ABATEMENT HEARINGS
MARCH 18, 2004
6:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO
ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,
AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS
REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY
PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE
CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK, 100 W. DANIA BEACH
BLVD,DANIA BEACH, FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO MEETING.
1. CALL TO ORDER:
2. ROLL CALL:
3. ABATEMENT REQUESTS:
3.1 Request by Davie Espeut, for abatement of Case #00-2264. Property
located at 266 SW 8th Street.
3.2 Request by Clydell Davis & Elijah Miller Jr., for abatement of Case #0-
1449. Property located at 126 NW 5th Avenue.
3.3 a) Request by Tommy & Ann Frank, for abatement of Case #00-1463.
Property located at 1409 S. Federal Highway.
b) Request by Tommy & Ann Frank, for abatement of Case #02-2380.
Property located at 1409 S. Federal Highway.
c) Request by Tommy & Ann Frank, for abatement of Case #02-3409.
Property located at 1409 S. Federal Highway.
d) Request by Tommy & Ann Frank, for abatement of Case #03-3928.
Property located at 1409 S. Federal Highway.
AGENDA-ABATEMENTS 1 MARCH 18, 2004
SPECIAL MEETING
e) Request by Tommy & Ann Frank, for abatement of Case #03-4476.
Property located at 1409 S. Federal Highway.
4. ADJOURNMENT
AGENDA-ABATEMENTS 2 MARCH 18, 2004
SPECIAL MEETING
AGENDA REQUEST FORM
CITY OF DANIA
Date: 3/02/04 Agenda Item#:
Title: Request for Abatement W;e
Requested Action:
Consideration of the Abatement Request for Case#00-2264—Davie Espeut—266 S. W. 8
Street.
Summary Explanation & Background:
This was originally cited 4/12/02 for five violations and given 10 days to comply. The defendant
did not comply and this was heard by the code board on 7/01/02. The board issued an order
giving the defendant 45 days to comply or a fine of$150.00 per day would be levied. The
compliance date was 9/14/02 and the defendant did not comply until 1/16/04. The fine ran from
9/14/02 through 1/16/04, 489 days @$150.00/day= $73,350.00 plus$100.00 recording fee=
$73,450.00 owed. The fine was confirmed on 3/03/03 and the board authorized foreclosure on
the lien on 10/06/03. The board heard a request for abatement on 2/02/04 and they are
recommending denial of the abatement.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending denial
of the abatement.
(2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
(4) Copy of minutes from the 7/01/02, 3/03/03, and 2/02/04 code board meetings.
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Code Enforcement Board recommends denial of the abatement.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard. Bettor, Chairman
Dania Beach Code Enforcement Board
RE: Request for Abatement
Davie Espeut
266 S. W. 8 Street
Case # 00-2264
DATE: 3/02/04
The code enforcement board originally heard this case on 7/01/02 for five violations. A
final order was issued giving the defendant 45 days to comply or a fine of$150.00 per
day would be levied. The compliance date was 9/14/02 and the defendant did not
comply until 1/16/04.
The code enforcement board, after hearing testimony on 2/02/04, decided by
unanimous vote to deny the request for abatement.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
Richard Bettor, hairman
RB/gb
t
Davie Espeut
9472 NW 45 PL
Sunrise, Fl 33351
February 23 , 2004
To whom it may concern,
This letter is in regards to a code enforcement fine that
has been placed against my property located at 266 SW 8 St
in Dania Beach, Florida . The property is in full compliance
as of January 2004 , and -,I would like to be added to the
agenda for the Amendment hearing to be held on March, 18,
2004 .
If any further information is needed I can be reached at
754 -422-8845 or 954-320-4292 .
Thank you,
Davie Espeut
f fv
PREPARED BY: INSTR#102851880
TIMOTHY M. RYAN, ESQ. OR BK 35009 Pages 565-569
Special City Attorney RECORDED 04/23/0315:49:11
BROWARD COUNTY COMMISSION
City of Dania Beach DEPUTY CLERK 1034
700 East Dania Beach Boulevard #1,5 Pages
Dania Beach, Florida 33004
RETURN TO:
PATRICIA VARNEY
FINANCE DIRECTOR
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
WITNESS my hand and official seal at Dania Beach, Florida, 8 day
of April, 2003
CITY OF DANIA BEACH
By: `/
Patricia Varney
Finance Director
File: CEB 2264 FINAL ORDER 1203-41-0060
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # 2264
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
DAVIE ESPEUT
DEFENDANT
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on July 1, 2002, after notice. Upon
the evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the defendant and the subject matter of this action;
and
b. Defendant, Davie Espeut, did allow the following code violations to exist at
property defendant owns located at 266 S. W. 8 Street, Dania Beach, Florida, which
property is legally described as: DANIA HOMESITES 28-40 B LOT 6 BLK 1 (# 1203 41
0060):
FINAL ORDER
#2264
PAGE 2
1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash,
junk, garbage and all other materials stored on the property and to trim/mow/cut and
maintain trees, shrubs, weeds and grass.
2:. Chapter 15, Section 15-2; Occupational Licenses. Defendant did or allowed a
business to operate from the property without an occupational license. Failure to obtain
an occupational license.
3. Chapter 8; Article 11 — Property Standards, Section 8-21 a 2
( )( )(g)': Minimum
standards for dwellings, hotels, and rooming houses. Requirements for ventilation.
Failure to repair or replace all damaged windows and doors, including screens and
hardware.
4. Florida Building Code Section 104; Permits Required. Defendant did, or allowed
to be done, renovation work done without permits. Failure to obtain permit or remove all
work.
5. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance.
Failure to remove inoperative and unlicensed vehicles from the property.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendant, Davie Espeut
(a) has been found to be in violation of the above described code sections listed in
paragraphs b.(1) through b.(4). A fine of $150.00 per day will begin running 45 days
from the date this order is signed by the Chairperson of the Board.
The City of Dania Beach shall have and recover from defendant, Davie Espeut,
for the foregoing violations listed in paragraphs b.(1) through b.(4), a fine of$150.00 per
day, to begin running 45 days from the date this order is signed by the Chairperson of
the Board.
The fine shall continue until said violations. come into compliance with said
sections of the City Code upon requested inspection. Upon complying, the defendant
shall notify the City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether defendant has complied.
Return to: Macciano Lewis, Budget/Finance Analyst
City of Dania Beach
100 W. Dania Beach Blvd.
Dania Beach, FL 33004
FINAL ORDER
#2264
PAGE 3
Said fine shall constitute a lien upon the real property in violation and upon any other
real or personal property of the defendant.
(b) has been found to have been in violation of the above described code section
listed in paragraph b.(5) on the date the City issued Defendant a Notice of Hearing on
this Case. Defendant has complied with the above described violation as of July 1,
2002.
Pursuant to Florida Statute„ 162.09,. if a repeat violation of the above
described code section occurs, the violator may be ordered to pay a fine in an
amount up to $500.00 per day for each day the repeat violation continues,
beginning with the date the repeat violation is determined to have occurred by
the Code Inspector.
In the event this Final Order is recorded as a lien, a charge will be imposed to
record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward
County, Florida, this 31 day of , 2002.
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By;
�—A:/ze
Richard Bettor, Ch rperson
Sworn and subscribed before me this
3.1 day of 2002.
NOTAAY PUB LI ST TE OF FLORIDA
Richard Bettor is personally known to me. _
O�P'RY PGA ' L NOTARY SEAL
« Nil^.,
LORtA J BRANDIES
N COMMISSION NUMBER
CC828490
OFFl0�0 MY COMMISSION EXPIRES
MAY 10.2003
Retum to: Macciano Lewis, Budget/Finance Analyst
City of Dania Beach
100 W.Dania Beach Blvd.
Dania Beach,FL 33004
FINAL'ORDER
#2264
PAGE 4
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the Defendant,
Davie Espeut, this day of_ 9 , 2002.
IF t
CERTIFIED MAIL 7002 0510 0003 1737 6699
CO ENFORC ENT BOARD CLERK
APPROV AS TO F AND CORRECTNESS
TIM RY N, SPECIAL CITY TTORNEY
Also sent first class mail
Return to: Macciano Lewis, Budget/Finance Analyst
City of Dania Beach
100 W.Dania Beach Blvd.
Dania Beach,FL 33004
PREPARED BY:
TIMOTHY M. RYAN, ESQ. INSTR#102851881
Special City Attorney OR BK 35009 Pages 570-573
City of Dania Beach RECORDED 04/23/03 15:49:11
700 East Dania Beach Boulevard EPUTY D COUNTY CLERK 1034
D COMMISSION
DEPUTY
Dania Beach, Florida 33004 Y _ #2,4 Pages
RETURN TO:
PATRICIA VARNEY
FINANCE DIRECTOR
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
WITNESS my hand and official seal at Dania Beach, Florida, 8 day
of April, 2003
CITY OF DANIA BEACH
By:
Patricia Varney
Finance Director
File: CEB 2264 SUPP.ORDER/CLAIM OF LIEN 1203-41-0060
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # 2264
Municipal corporation
PLAINTIFF, FINAL ORDER
vs.
DAVIE ESPEUT
DEFENDANT
SUPPLEMENTAL ORDER/CLAIM OF LIEN
The City of Dania Beach Code Enforcement Board ("Board") 100 West
Dania Beach Boulevard, Dania Beach, Florida 33004, having received affidavits
of Building Official, Kenneth Koch and Code Inspector, William Dubisky, on the
City's Motion to Confirm Fine held on the 3"' day of March, 2003, and based on
the evidence, the Board enters the following findings of fact and order:
1. That the Board did issue on the 31st day of July, 2002, a Final Order in the
above captioned case commanding the defendant, Davie Espeut, to bring
the violations specified in said Final Order into compliance on or before
SUPPLEMENTAL ORDER
#2264
the 14th day of September, 2002, or pay a fine in the amount of$150.00
per day for each day of non compliance thereafter.
2. That said violations occurred on the following described real property
situate, lying and being in Broward County, Florida, to wit: DANIA
HOMESITES 28-40 B LOT 6 BLK 1 (# 1203 41 0060).
3. That the Defendant, Davie Espeut, did not comply with the Final Order on
or before the date specified therein.
4. It is the order of this Board that the fine specified in said Final Order is
hereby confirmed and ratified and shall accrue at the per diem specified
until such time as the defendant, Davie Espeut , shall comply with said
Final Order. Upon complying, the defendant shall notify the City's Code
Enforcement Department and an officer will inspect the property and
notify the Code Enforcement Board whether defendant has complied.
5. It is the order of this Board that the fine shall constitute a lien against the
above described real property and it shall be a lien against any other real
or personal property owned by defendant.
DONE AND ORDERED at Dania Beach, Broward County, Florida, this a7
Day of ),ena 4[,- , 2003.
DANIA BEACH CODE ENFORCEMENT BOARD
By:
ichard Bettor, Chairman L�
Sworn to and subscribed before me this �' day of )r, tCA 2003
By Richard Bettor, who is personally known to me.
NOTARY PUBLU§TAYE OF FLORIDA
Return to: Macciano Lewis 2 GWft 4 Brame
Budget/Finance Analyst ° myC., ,ODiG 2w
City of Dania Beach "«j Ems My 10.2007
100 West Dania Beach Blvd.
Dania Beach,Fl 33004
SUPPLEMENTAL ORDER
r #2264
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien
was mailed to the Defendant, Davie Espeut, this day of
2003.
CERTIFIED MAIL#7002 0860 0005 3713 9496
CODE Elf ORCEME6t BOARD CLERK
APPROV A TO FORM ND CORRECTNESS
TIMOTHY M RYAN, SPECIAL CITY ATTORNEY
Also sent regular mail
Return to: Macciano Lewis 3
Budget/Finance Analyst
City of Dania Beach
100 West Dania Beach Blvd.
Dania Beach,FI 33004
s
..ems FLORIDA
...........
4 :
April 12, 2002 AMENDED LETTER
DAVIE ESPEUT Case Number: 00-2264
266 SW 8 ST .-m- . ,...._.
DANIA BEACH, FL 330043907
Location: 266 SW 8 ST
Folio: 5142-03-41-0060-
Legal Description:
DANIA HOMESITES 28-40 B LOT 6 BLK 1 DANIA HOMESITES 28-40 B LOT 6
BLK 1
Dear DAVIE ESPEUT:
You are hereby notified that you are presently in violation of Dania Beach Code
of Ordinances. We have attached the ordinance section(s) and corrective
actions for your reference.
You are required to correct the violation(s) and call for a re-inspection by
4/22/02. Failure to comply will result in proceedings against you by the Code
Enforcement Board, as provided by law. If you require further information or
have any questions about the attached violation(s), please do not hesitate to
contact me.
Sinc rely,
I C/
Y
KENNETH KOCH
BUILDINrp OFFICIA!,
WILLIAM DUBISKY
CODE INSPECTOR
I certify that an original hereof was furnished to the above named addressee by:
Certified Mail # 7001 1940 0003 5600 2868 by BETH DAGNON.
"Broward's First City'
yD0 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us
V 1V1jt�11VN Ut51RIIJ PAGE 1
CASE NUMBER 00-00002264
PROPERTY ADDRESS 266 SW 8 ST
-----------------------------------------------------------
VIOLATION: PUBLIC NUISANCES QUANTITY: 1
DESCRIPTION: CH 13, SEC 13-23 DATE: 3/14/02
LOCATION:
NARRATIVE
Trash, junk, `'garbage, and all other materials stored on the
property must be removed. - - --- -'
Trees, shrubs, weeds, and grass must be trimmed/mowed/cut
and maintained.
ORDINANCE DESCRIPTION
Violation of Chapter 13, Section 13-23 ; Public Nuisance
Violation. Property declared a public nuisance and
must be placed into good condition.
--------------------------------------------------------------
VIOLATION: CH 14, SEC 14-2 QUANTITY: 1
DESCRIPTION: CH 14, SEC 14-2 DATE : 4/12/02
LOCATION:
NARRATIVE
All inoperative and unlicensed vehicles must be removed from
the property.
ORDINANCE DESCRIPTION
Violation of Chapter 14 , Section 14-2; Junked and Abandoned
Vehicles; Public Nuisance. The storage or parking of all
inoperative vehicles is creating a public nuisance .
--------------------------------------------------------------
VIOLATION: OCCUPATIONAL LICENSES QUANTITY: 1
DESCRIPTION: CH. 15, SEC. 15-1 . DATE: 4/12/02
LOCATION:
NARRATIVE
Occupational license must be obtained.
ORDINANCE DESCRIPTION :
Violation of Chapter 15, Section 15-1. Occupational
Licenses. Operating a business without a valid
Occupational License is prohibited.
--------------------------------------------------------------
VIOLATION: CH 8 , SEC 8-21 (A) (2) G QUANTITY: 1
DESCRIPTION: CH 8, SEC 8-21 (A) (2) G DATE: 4/12/02
LOCATION:
NARRATIVE
All damaged windows and/or doors must be repaired or
replaced, including screens and hardware and maintained. A
building permit may be required for any replacement .
ORDINANCE DESCRIPTION :
CASE NUMBER 00-00002264
PROPERTY ADDRESS 266 SW 8 ST
ORDINANCE DESCRIPTION
Violation of Chapter 8; Article II - Property
Standards; Section 8-21 (a) (2) (g) . Minimum
Standards for Dwellings, Hotels, and Rooming
Houses . Requirements for Ventilation.
Every window and exterior door shall be reasonably
weathertight, maintained withbut ' cracks and holes"" '`�"-
and in a good state of repair. All windows intended
for ventilation must be equiped with fully operable
hardware and fitted with screens to protect
against mosquitoes or other insects .
--------------------------------------------------------------
VIOLATION: FBC SEC. 104 QUANTITY: 1
DESCRIPTION: FBC SEC. 104 Permits Required DATE : 4/12/02
LOCATION:
NARRATIVE
Remedy: Obtain permits and all inspections within 10 days or
remove all work.
ORDINANCE DESCRIPTION
Violation of Florida Building Code Sec . 104, Permits
Required. Problem Description: Renovation work performed
without permits.
and the Affidavit of Service is on file. This is a violation of Chapter 13, Section
13-21, Public Nuisance, dog feces, has complied. SFBC 301 (A), shed without
permit, has not complied and this is the violation the owner is asking for an
extension of time. Mr. Baker stated first contact was made on 3/14/02. It was on
motion by, Gary Luedtke, seconded by Tim McLeod to adopt a finding of fact by
Eric Baker on violation of Chapter 13, Section 13-21 dog feces that the violation
did exist and to grant the defendant an additional 30 days for the violation of
SFBC 301 (A) shed. Tim Ryan said the finding of fact should be on the shed as
well as the dog excrement. Judy Jensen, stating the hardships of the
homeowner are unknown, revisited the motion. Gary Luedtke amended the prior
motion. Gloria Brandes asked if Section 13, Section 13-21, was complied, and
are we asking for a finding of fact, or are we only writing an order on the SFBC
301 (A) shed? Gary Luedtke made the motion, seconded by Judy Tulacro, to
grant 60 days or $100.00 per day fine, and a finding of fact on Chapter 13,
Section 13-21. The motion carried on the following roll call:
David Nuby—yes Jimmy Peterman —yes Richard Bettor - yes
Tim McLeod —yes Gary Luedtke - yes
Judy Jensen —yes Judith Tulacro—yes
30. #2264 Davie Espeut
266 SW 8 St.
Dania Beach, FL
Code Inspector William Dubisky, having been previously sworn in, came forward
and had the following testimony. Notice was sent Certified Mail, service was
obtained, notice was also sent via first class mail, and the property was posted,
and we have the affidavit on file. This is a violation of Chapter 13, Section 13-23,
Grass not being cut and trash on the property, Chapter 14, Section 14-2,
Abandoned vehicles; Chapter 15, Section 15-1 Occupational license required;
Chapter 8, Section 8-21(A)(2)G, Property standards; FBC Section 104, Permits
required. As of today, the property is still in violation of Chapter 13, the grass is
not being cut or maintained, trash and debris still remain on the property, Chapter
15, Occupational license for a rental property has not been obtained, Chapter 8,
windows remain broken; FBC Section 104, no permits have been obtained for
the work that has been done and on the Chapter 14, Mr. Dubisky asked for a
finding of fact, submitting 5 photos into evidence. Mr. Dubisky said contact was
first made on 4/12/02. Chairman Bettor asked if anyone was present
representing Davie Espeut, there was no one. Judy Jenson made the motion,
seconded by Jimmy Peterman that the property was properly served and to
adopt a finding of fact by William Dubisky on Chapter 14. Section 14-2, the
violation does exist, and that the defendant be given 45 days or a fine of $150.00
per day shall be levied. The motion carried on the following roll call:
David Nuby— yes Jimmy Peterman —yes Richard Bettor - yes
Tim McLeod —yes Gary Luedtke - yes
Dania Beach Code Board Minutes 20 July 1,2002
Judy Jensen —yes Judith Tulacro —yes
Having heard the last case, Chief Zoning Inspector William Johnson came
forward and introduced Code Inspector, Gary Phaneuf to the board.
On a final note, Gloria Brandes reminded the board members to turn in their
financial interest forms to the City Clerk, Charlene Johnson.
There being no further business, the meeting adjourned.
Richard Bettor, Chairman
Dania Beach Code Board Minutes 21 July 1,2002
David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes
Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes
19) Motion to Enter Order Imposing Fines, Non Complied-#2264-Davie Espuet-
266 SW 8 Street
Chief Code Inspector William Johnson, having been previously sworn in, came
forward. Mr. Johnson requested a motion to enter order imposing fine and stated
that the Affidavit of Service is on file. Chairman Bettor asked for a motion.
Several questions arose in what is the motion to enter order imposing fines.
Attorney Pinsky explained that this is similar to confirming fines. Gary Luedtke
motioned, seconded by Beulah Lair, to move or impose the fine. The motion
carried on the following roll call:
David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes
Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes
20) Motion to Enter Order Imposing Fines, Non Complied-#2426-Jovan and
Radinka Solic-1401 SE 2 Avenue; and #2427-Joseph and Margaret
Enjedi/Jovan and Radinka Solic-Vacant Lot E of 1401/1403 SE 2 Avenue
Chief Code Inspector William Johnson, having been previously sworn in, came
forward. Mr. Johnson requested that both cases be dismissed because they are in
compliance. It was on the motion of Beulah Lair, seconded by Gary Luedtke, to
dismiss the cases. The motion carried on the following roll call:
David Nuby-yes Tim McLeod-yes Jimmy Peterman-yes
Gary Luedtke-yes Beulah Lair-yes Richard Bettor-yes
21) Motion to Enter Order Imposing Fines-Complied-#2388-Bill Vasiliades-41
SE 14 Street
Chief Code Inspector William Johnson, having been previously sworn in, came
forward. Mr. Johnson stated that the compliance date was 11/23/02, and they
complied on 2/07/03. Gary Luedtke asked if there was a fine to impose. Mr.
Johnson answered, yes. Gary Luedtke motioned, seconded by Beulah Lair, to
confirm fine imposed. Mr. Johnson stated that an Affidavit of Service is on file.
Motion to Enter Order Imposing Fines, Non Complied-#2660-Isaac Argoitia
V2 Int Igone Argoitia-101 SE 2 Court
Dania Beach Code Board Summary Minutes 14 March 3,2003
7) Request for Abatement -#00-2264—Davie Espeut—266 SW 8 Street
Code Inspector William Dubisky, having been previously sworn in, came forward
and had the following testimony. This was originally heard by the board on
H. .. 7/01/02. The compliance date was 9/14/02, and the defendant did not comply until
1/16/04. The fine ran for 489 days at $150.00 per day plus $100.00 recording fee
which totaled $73,450.00 owed. The fine was confirmed on 3/03/03. The board
authorized the property to foreclose on 10/06/03. Gary Luedtke asked if notice
was properly served. Mr. Dubisky said yes. Chairman Bettor asked if there was
anyone representing Davie Espeut. Davie Espeut, 9472 NWy, 45 Place, Sunrise, FL
33351, came forward and was sworn in. Mr. Espeut sat he did not receive
notice that the property was in violation. The fire . e he had notice of the
violation was upon his father showing him the ce,.0fied4.mail. He later found out
that the previous mails were sent directly to thepoperty e tenants had not
notified him. Mr. Espeut said that he then,,contacted Mr. Du1�iissky and Attorney
Tim Ryan in order to determine how to r ct fy the situation. Hekcmplied all the
violations 1/16/04 because he needed cc
too et an oupational licerisJ dy Jensen
asked if Mr. Espeut visits his property MrEspeut:aad that he keep asking the
tenants to keep the property clean. Judy `�lenspen made a motion to deny the
abatement request. Chairman Bettor told Mr. Es ekui at the motion is to deny the
abatement. The motion was seconded by Tim , gLeod and carried on the
following roll call:
Tim McLeod yes Judy Jensen yes Jimmy Peterman-yes
Gary Luedtke yes Richarettor yes Terrell McCombs-yes
Chairman B"ettorgold Mr Espeut that ;�s�board is only a recommending board,
and he could go Wore the, ity,commission for a final decision.
. �'
8) Autlior�zation to Forec
�;lose -#00-1926—Exclusive Millwork Inc. —3277 SE 14
,s Po
Avenue N
A
Ay
VIA
Fire a`Marshal Edward Tarmey came forward, was sworn in, and gave the
: R
following.testimonyIVlr. Tarmey said that he originally sent a violation notice on
10/25/01 stating there was a violation of a fire sprinkler code because of a wall
r;
being removed The removal of the wall required additional sprinklers in the
building. On 14,129/01 they were again notified by code enforcement of the date of
2/27/02 to comply. The board gave the defendants 120 days to comply or a fine of
$100.00 per day. After 120 days had expired, Mr. Tarmey had called and asked
the fire contractor why was the work not started. The contractor stated that the
contract had been broken by Exclusive Millwork, so there was no fulfillment of
the task. On 6/06/03, Mr. Tarmey sent Exclusive Millwork a letter stating that a
fine had been running and the amount was up to $30,400.00. On 9/03/03, Charles
Comacho, a representative of Exclusive Millwork contacted Mr. Tarmey saying
that the management and staff wanted to meet and discuss coming into
compliance. At the board meeting on 10/06/03, the board granted a 90 day
Dania Beach Code Board summary Minutes 4 February 2,2004
AGENDA REQUEST FORM
CITY OF DANIA
Date: 3/2/04 Agenda Item#:
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for#0-1449—Clydell Davis/Elijah Miller, Jr— 126 N. W.
5 Avenue
Summary Explanation & Background:
This property was originally cited on 9/5/01 for 3 violations and given 14 days to comply. The
defendants did not comply with two of the violations and this case was heard by the code board
on 12/06/01. The board issued an order giving the defendants 30 days to comply or a fine of
$50.00 per day would be levied. The compliance date was 2/02/02 and the defendants did not
comply until 11/29/02. The fine ran from 2/02/02 through 11/29/02, 300 days @ $50.00 per day=
$15,000, plus $100.00 recording fee, = $15,100.00 owed. The fine was confirmed on 5/06/02.
The code board heard a request for abatement on 3/01/04 and are recommending abating the
fine to$1,500.00 because the granddaughter did not know about the violations.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending abating
the fine to $1,500.00.
(2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
(4) Copy of minutes from the 12/06/01, 5/06/02, and 3/01/04 code board meetings.
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Code Enforcement Board recommends abating to$1,500.00.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard Bettor, Chairman
Dania Beach Code Enforcement Board
RE: Request for Abatement
Case # 0-1449
Clydell Davis & Elijah Miller Jr.
126 N. W. 5 Avenue
DATE: March 2, 2004
The code enforcement board originally heard this on 12/6/01 for 2 violations. A final
order was issued giving the defendants 30 days to comply or a fine of $50.00 per day
would be levied. The compliance date was 2/02/02 and the defendants did not comply
until 11/29/02.
The code enforcement board, after hearing testimony on 3/01/04, decided by
unanimous vote to recommend abating the lien to $1,500.00 because the
granddaughter, Chamire Taylor, did not know about the violations and she is taking care
of the property now.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
Ric and Bettor, Ch rman
RB/gb
• INSTR#102030437
OR BK 33370 Pages 1763-1767
RECORDED 07101/02 1 0:46:24
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2000
AIN
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # 1449
municipal corporation
PLAINTIFF, FINAL ORDER
vs.
CLYDELL DAVIS Y2 INT
ELIJAH MILLER JR
DEFENDANTS
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on December 6, 2001, after notice.
Upon the evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the defendants and the subject matter of this action;
and
f b. Defendants, Clydell Davis Y2 Int & Elijah Miller Jr., did allow the following code
violations to exist at property defendants own located at 126 N. W. 5 Avenue, Dania
Beach, Florida, which property is legally described as: TOWN OF DANIA B-49 D LOT
11 BLK 8 (# 0234 01 1250):
rINAL ORDER
#1449
PAGE 2
1. Chapter 14, Section 14-2; Junked and Abandoned Vehicles; Public Nuisance.
Failure to remove all inoperative and unlicensed vehicles from the property.
2. Chapter 8, Buildings, Article 11 — Property standards, Section 8-21(4)(0. Minimum
standards for dwellings, hotels, and rooming houses. General requirements for all
dwellings, dwelling units, hotels, hotel units, rooming houses and rooming units. Failure
to replace or remove fence which is in disrepair and falling down.
Upon consideration thereof, the motion was made and carried. It is, thereupon'
ORDERED:
1. Defendants, Clydell Davis '/z Int. & Elijah Miller, Jr.
(a) have been found to be in violation of the above described code sections listed in
paragraphs b.(1) and b.(2). A fine of $50.00 per day will begin running 30 days from
the date this order is signed by the Chairperson of the Board.
The City of Dania Beach shall have and recover from defendants, Clydell Davis
% Int. & Elijah Miller, Jr., for the foregoing violations listed in paragraphs b.(1) and b.(2),
a fine of$50.00 per day, to begin running 30 days from the date this order is signed by
the Chairperson of the Board.
The fine shall continue until said violations come into compliance with said
sections of the City Code upon requested inspection. Upon complying, the defendants
shall notify the City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether defendants have complied.
Said fine shall constitute a lien upon the real property in violation and upon any other
real or personal property of the defendants.
In the event this Final Order is recorded as a lien, a charge will be imposed to
record the Final Order and any lien satisfaction. ORDERED at Dania Beach, Broward
County, Florida, this jday of 2002.
Return to: David E.Keller,Finance Director
100 W. Dania Beach Blvd.
Dania Beach,FL 33004
FINAL ORDER
#1449
PAGE 3
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By: , &irrlll
Richard Bettor, Chairperson
Sworq and subs 'bed before me this
_. day of, 2002.
�. ,
NOTA PUBLI T"—
ATE OF FLORIDA
Richard Bettor is personally known to me.
�PRY Pv� SM
RRM3M
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OF FL�` S FES MYCO
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Return to: David E.Keller,Finance Director
100 W.Dania Beach Blvd.
Dania Beach,FL 33004
r ,
FINAL ORDER
#1449
PAGE 4
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the
Defendants, Clydell Davis Y2 Int., & Elijah Miller, Jr., this 3 ' day of
2001.
CERTIFIED MAIL 7001 0360 0000 4108 1812
CODE NFORC EN BOARD CLERK
APPROV S T
O FO AND CORRECTNESS
i
I
1
TIM RYAN,tPECIAL CITY Al ORNEY
i
i Also sent first class mail
Return to: David E.Keller,Finance Director
100 W. Dania Beach Blvd.
Dania Beach,FL 33004
4
PREPARED BY:
TIMOTHY M. RYAN, ESQ.
Special City Attorney
City of Dania Beach
700 East Dania Beach Boulevard
Dania Beach, Florida 33004
RETURN TO:
MACCIANO LEWIS
Acting Finance Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
WITNESS my hand and official seal at Dania Beach, Florida, 18 day
of Jame, 2002
CITY OF DANIA BEACH
By:
1v \�
MACCIANO LEWIS,
ACTING FINANCE DIRECTOR
File: CEB 1"9 FINAL ORDER
1 INSTR#102030438
OR BK 33370 Pages 1768-1771
RECORDED 07/01/0210:46:24
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2000
#39
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE #1449
Municipal corporation
PLAINTIFF, FINAL ORDER
VS.
CLYDELL DAVIS '/ INT.
ELIJAH MILLER JR.
DEFENDANTS
SUPPLEMENTAL ORDER/CLAIM OF LIEN
The City of Dania Beach Code Enforcement Board ("Board") 100 West
Dania Beach Boulevard, Dania Beach, Florida 33004, having received the
testimony and affidavit of Code Officer Eric Baker on the City's Motion to Confirm
Fine held on the 6th day of May, 2002, and based on the evidence, the Board
enters the following findings of fact and order:
1. That the Board did issue on the 3rd day of January, 2002, a Final Order in
the above captioned case commanding the defendants, Clydell Davis '/2
Int. & Elijah Miller Jr., to bring the violations specified in said Final Order
r SUPPLEMENTAL ORDER
#1449
into compliance on or before the 2nd day of February, 2002, or pay a fine
in the amount of$50.00 per day for each day of non compliance
thereafter.
2. That said violations occurred on the following described real property
situate, lying and being in Broward County, Florida, to wit: TOWN OF
DANIA B49 D LOT 11 BLK 8 (# 0234 01 1250).
3. That the Defendants, Clydell Davis '/ Int. & Elijah Miller Jr., did not comply
with the Final Order on or before the date specified therein.
4. It is the order of this Board that the fine specified in said Final Order is
hereby confirmed and ratified and shall accrue at the per diem specified
until such time as the defendants, Clydell Davis Y2 Int. & Elijah Miller. Jr.,
shall comply with said Final Order. Upon complying, the defendants shall
notify the City's Code Enforcement Department and an officer will inspect
the property and notify the Code Enforcement Board whether defendants
have complied.
5. It is the order of this Board that the fine shall constitute a lien against the
above described real property and it shall be a lien against any other real
or personal property owned by defendants.
I '
DONE AND ORDERED at Dania Beach, Broward County, Florida, this 36
Day of , 2002.
DANIA BEACH CODE ENFORCEMENT BOARD
By: vxelwvo
ichard Bettor, Chairman
Sworn to and subscribed before me this zlo day of , 2002
By Richard Bettor, who is personally known to me.
NOTARY PLI—BLk STATE OF FLORIDA
Return to: David E.Keller,Finance Director 2 `
100 West Dania Beach Blvd. O�rRY pro, ° �T
Dania Beach,Fl 33004 ' f 4 �
o CC82UN �
OF f1.09: k1Y l OW"
MAY 10 2003
SUPPLEMENTAL ORDER
#1449
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien
was mailed to the Defendants, Clydell Davis % Int. & Elijah Miller, Jr., this
.30 day of , 2002.
CERTIFIED MAIL#7001 1940 0002 6629 9693
,,-a"- (;�a
CODE VNFORCEMaNT BOARD CLERK
APPROVE AS TO F RM AND CORRECTNESS
r
TIMOTHY . RYAN, SPE IAL CITY ATTORNEY
Also sent regular mail
Return to: David E.Keller,Finance Director 3
100 West Dania Beach Blvd.
Dania Beach,Fl 33004
PREPARED BY:
TIMOTHY M. RYAN, ESQ.
Special City Attorney
City of Dania Beach
700 East Dania Beach Boulevard
Dania Beach, Florida 33004
RETURN TO:
MACCIANO LEWIS
Acting Finance Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 3�004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
i
WITNESS my hand and official seal at Dania Beach, Florida, 18 day
Of June. 2002
CITY OF DANIA BEACH
By:
MACCIANO LEWIS,
i ACTING FINANCE DIRECTOR
i
1
File: CEB 1449 SUPP.ORDER/CLAIM OF LIEN
e
zk •
4' •
FLORIDA
r
September 5, 2001
CLYDELL DAVIS 1/2 INT Case Number: 0-1449
ELIJAH MILLER JR
126 NW 5 AVE
DANIA BEACH, FL 33004
Location: 126 NW 5 AVE
Folio: 5042-34-01-1250-
Legal Description:
TOWN OF DANIA B-49 DLOT 11 BLK 8
Dear CLYDELL DAVIS 1/2 INT , ELIJAH MILLER JR:
You are hereby notified that you are presently in violation
of Dania . Beach Code of Ordinances . We have attached the
ordinance section (s) and corrective actions for your
reference.
You are required to correct the violation (s) and call for a
re-inspection by 9/19/01 . Failure to comply will result
in proceedings against you by the Code Enforcement Board,
as provided by law. If you require further information or
have any questions about the attached violation (s) , please
do not hesitate to contact me .
Sincerely,
V44
ERIC BAKER
CODE INSPECTOR
I certify that an original hereof was furnished to the
above named addressee by:
Certified Mail # 7001 0360 0000 4107 6016 by BETH DAGNON.
"Bmward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us
CASE NUMBER 00-00001449
PROPERTY ADDRESS 126 NW 5 AVE
--------------------------------------------------------------
VIOLATION: PUBLIC NUISANCES QUANTITY: 1
DESCRIPTION: CH 13 , SEC 13-23 DATE: 9/05/01
LOCATION:
ORDINANCE DESCRIPTION
Violation of Chapter 13, Section 13-23 ; Public Nuisance
Violation. Property declared a public nuisance and
must be placed into good condition.
CORRECTIVE ACTION REQUIRED :
Junk, trash, garbage, and all other materials stored
on property must be removed. Trees, shrubs, weeds, and grass
must be trimmed/mowed/cut and maintained.
--------------------------------------------------------------
VIOLATION: CH 14, SEC 14-2 QUANTITY: 1
DESCRIPTION: CH 14 , SEC 14-2 DATE: 9/05/01
LOCATION:
ORDINANCE DESCRIPTION
Violation of Chapter 14, Section 14-2; Junked and Abandoned
Vehicles; Public Nuisance . The storage or parking of all
inoperative vehicles is creating a public nuisance.
CORRECTIVE ACTION REQUIRED
All inoperative and unlicensed vehicles must be removed from
the property.
--------------------------------------------------------------
VIOLATION: CH. 8,ART II, SEC 8-214F QUANTITY: 1
DESCRIPTION: CH 8,ART II, PS,SEC 8-21 (4) (F) DATE: 9/05/01
LOCATION:
ORDINANCE DESCRIPTION
Violation of Chapter 8, Buildings, Article II, Property
Standards, Section 8-21 (4) (f) . Minimum Standards for
Dwellings, Hotels, and Rooming Houses . General
Requirements for all dwellings, dwelling units, hotels,
hotel units, rooming houses, and rooming units .
Fences shall be maintained in a good state of repair.
CORRECTIVE ACTION REQUIRED :
Fence must be replaced or removed. A permit is
required for replacement.
(7
Judy Jensen—yes Jimmy Peterman—yes Gary Luedtke—yes
Beulah Lair—yes Richard Bettor—yes
15) #1449 Clydell Davis '/z Int,Elijah Miller Jr.
126 NW 5 Avenue
Dania Beach,FL
Code Inspector Eric Baker came forward, having been previously sworn in, and
had the following testimony. Service was not obtained by Certified Mail, however
notice was sent regular mail and the property was posted; the Affidavit of Service
is on file. This is a violation of Chapter 13, Section 13-23, Public Nuisance,
weeds and grass; Chapter 14, Section 14-2, unlicensed vehicles; and Chapter 8,
Art. II, Section 8-21(4)(f), fence violation. As of today, the property is still in
violation of Chapter 14, unlicensed vehicles remain on the property; and of
Chapter 8,the fence must be replaced or removed; the violation of Chapter 13 has
complied. The first contact with the property was 9/5/01. Two photos were given
to the Board. Freddie Taylor, 126 NW 5 Avenue, the son of one owner and the
brother of the other, came forward and was sworn in. Mr. Taylor identified the
photos as being of the property. Mr. Taylor gave testimony about the violations.
It was on motion of Beulah Lair, seconded by Gary Luedtke, to adopt the findings
of fact by Code Inspector Eric Baker, move to find the violations exist as charged,
move the violator be given 30 days to comply or a fine of$50.00 a day thereafter.
The motion carried on the following roll call:
Judy Jensen—no Jimmy Peterman—yes Gary Luedtke—yes
Beulah Lair—yes Richard Bettor—yes
16) #1655 Kenneth and Melba Butler
195 NW 14 Way
Dania Beach, FL
Code Inspector Eric Baker came forward, having been previously sworn in, and
had the following testimony. Mr. Baker said notice was obtained by Certified
Mail, regular mail, and by posting the property; the Affidavit of Service is on file.
This is a violation of Ch. 14, Sec. 14-2, inoperable vehicles; Ch. 28, Zoning,
Sec.4.20, commercial limos stored in a single family RS-6000 zoned district. As
of today, the property is still in violation of Ch. 14, inoperable vehicles remain on
the property and of Ch.28, commercial limos remain on the property. Three
photos were given to the Board. The first contact with the property was 10/4/01.
Carl Butler, 195 NW 14 Way, Dania Beach, FL, came forward and was sworn in.
Mr. Butler identified the photos as being of his property. Mr. Butler said he
applied for a variance for the limos and the vehicles have current stickers, the tags
just have not been put on the cars. Mr. Butler gave additional testimony about the
limos. Attorney Ryan asked staff how far the variance process has gotten. Mr.
Butler said he just filed the paperwork this week. Attorney Ryan, Mr. Johnson,
Dania Beach Code Board Summary Minutes 12 December 6,2001
30. Motion to Confirm-#1449-Clydell Davis V2 Int. Elijah Miller Jr.-126 NW 5
Avenue
Code Inspector Eric Baker came forward having been previously sworn in. Pursuant
to the Board's Order, corrective action was to have been taken on or before 2/02/02
and that a reinspection of the property 5/06/02 revealed the corrective action had not
been taken in that the abandoned vehicles, trash, and junk are still on the property. It
was on motion of Gary Luedtke, seconded by Tim McLeod, to confirm the fine. The
motion carried on the following roll call:
Tim McLeod—yes Judy Jensen—yes
Gary Luedtke—yes Beulah Lair- yes Richard Bettor—yes
31. Motion to Confirm-0463-Tommy & Ann Frank-1409 S. Federal Highway
Code Inspector William Dubisky came forward having been previously sworn in.
Pursuant to the Board's Order, corrective action was to have been taken on or before
2/13/02 and that a reinspection of the property 5/06/02 revealed the corrective action
had not been taken in that the weeds and grass are still uncut and the property is not
being maintained. The Affidavit of Noncompliance is in the file. It was on motion of
Tim McLeod, seconded by Beulah Lair, to confirm the fine. The motion carried on
the following roll call:
Tim McLeod—yes Judy Jensen—yes
Gary Luedtke—yes Beulah Lair- yes Richard Bettor—yes
32. Motion to Confirm-#1571-Henry Newbold Jr.-vacant lot east of 716 SW 7
Terrace
Code Inspector William Dubisky came forward having been previously sworn in. Mr.
Dubisky asked that this case be dismissed because it complied at the post board. It
was on motion of Tim McLeod, seconded by Gary Luedtke, to dismiss the case. The
motion carried on the following roll call:
Tim McLeod—yes Judy Jensen—yes
Gary Luedtke—yes Beulah Lair- yes Richard Bettor—yes
33. #2011 Jay Kodner
45 S. Federal Highway
Dania Beach, FL
Chief Code Inspector William S. Johnson, having been previously sworn in, came
forward. Mr. Johnson asked that this case be continued. It was on motion of Tim
McLeod, seconded by Gary Luedtke, to continue the case. The motion carried on the
following roll call:
Code Enforcement Board Summary Minutes 19 May 6,2002
7) Request for Abatement - #00-1449 — Clydell Davis '/2 Int. & Elijah Miller Jr.-
126 NW 5 Avenue
Code Inspector Eric Baker, came forward and was sworn in, and gave the
following testimony. This was heard before the board on 12/06/01 for three
violations. The board issued an order giving the defendant 30 days to comply or a
fine of$50.00 per day would be levied. The compliance date was 2/02/02, and the
defendant did not comply until 11/29/02. The fine ran from 2/02/02 thru 11/29/02
for 300 days at$50.00 per day which equals to $15,000.00 plus $100.00 recording
fee which totals to $15,100.00. The fine was confirmed,,,�on 5/06/02. Chairman
Bettor asked Mr. Baker what were the original charges Ml ',,Baker said that the
violations were for trash, junk, fence, and abandonewehicle. Chairman Bettor
asked if there was anyone representing Clydel=1Days.and Elijah Miller Jr.
Chamire Taylor, 34 NE 1 Court, Dania, FL 3300came forward and was sworn
in. Chairman Bettor asked Ms. Taylor how wsXal related tc dell Davis. Ms.
Taylor replied that Ms. Davis was her grandmother. Ms Ta, ,r said that her
father was residing on the property. Ms ftaylor said that she has peen,in school,
and she recently found out about the conditop onfiheproperty. Hergrandmother
gave her uncle the property, but he is in prison Ms. Taylor said that her uncle
handed the property over to her, and she is trying%to fix the property. Ms. Taylor
said that she has cleaned the property by cutting'`the sgrass and moving the junk.
Tim McLeod asked who was res}dingson the property;'isvfhere a family member.
Ms. Taylor replied yes a family rn�mber Garyluedtke'asked Ms. Taylor if she is
able financially to maintain the pzgpeity nMs5Taylor replied yes. Judy Jensen
asked why did itJak' �§q long to comply the violations. Ms. Taylor said that she
did not speakt her father constantly;,and she was in school. She did not know
vmu what was happeniig on th�property. Jih
wy Peterman asked Ms. Taylor when did
she find out aboufythe Violations. Ms. Taylor said about a month and a half ago.
Judy,Jensen asked'Msfi Taylorf the"property is in her name. Ms. Taylor said yes.
Gary`Luedtke6asked Ms` aylor if she was getting her mail for the property. Ms.
aylor said y6' 4-i�nmy Peterman asked Ms. Taylor if she had the house deed or
the,paperwork of the property: Ms. Taylor showed the paperwork on the property.
Chief,Code Inspector William Johnson, having been previously sworn in, came
forward to mention 2fhat this is a 2000 case, and there is no problem with the
property riow because Ms. Taylor is maintaining the property. Jimmy Peterman
made a motion to abate the amount to $1,500.00 because Ms. Taylor was not
aware of the;'property violations and the fine amount being levied. The motion
was seconded by Judy Jensen and carried on the following roll call:
David Nuby-yes Tim McLeod-yes Judy Jensen-yes
Jimmy Peterman-yes Gary Luedtke-yes Judith Tulacro-yes
Richard Bettor-yes
Gary Luedtke said yes on the roll call on the condition that Attorney Pinsky verify
that Ms. Taylor has the title of the property. Attorney Pinsky said that looking at
the document, he cannot verify that Ms. Taylor has a clear title, but the paper
Dania Beach Code Board Summary Minutes March 1,2004
work intent is present that there is an acknowledgement of a transfer of title.
Chairman Bettor told Ms. Taylor that the Code Board is only a recommending
board, and this would go before the city commission who would either accept or
reject the abatement. Also, Chairman Bettor told Ms. Taylor that the city
commission would put a contingency on the amount of time to pay the fine, so
Ms. Taylor should pay close attention to the time given. Ms. Taylor replied ok.
Ali
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Dania Beach Code Board Summary Minutes March 1,2004
AGENDA REQUEST FORM
Date: 3/02/04
CITY OF DANIA
3 * 3
Agenda Item#:
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for Case#00-1463 Federal Highway -Tommy &Ann Frank— 1409 S.
Summary Explanation & Background:
This was originally cited on 9/06/01 for a public nuisance violation. The defendants were given 7
days to comply and they did not comply. This was heard by the code board on 1/14/02 and a
final order was issued giving the defendants 30 days to comply or a fine of$150.00 per day would
be levied. Their compliance date was 3/06/02 and they did not comply until 12/23/03. The fine
ran from 3/6/02 through 12/23/03, 657 days @ $150.00/day = $98,550.00 plus $100.00 recording
fee = $98,650.00 owed. The code board authorized foreclosure on the lien on 10/06/03. On
2/02/04, the code board heard the request for abatement and their recommendation is to abate to
$11,650.00, which represents the period of 3/6/02 through 5/22/02, 77 days @ $150.00/day. The
ending date of 5/22/02 is the date the City cleaned up the property the first time(the first of four
cleanups) and since the violation was for public nuisance, the code board determined this
corrected the violation at that time.
Exhibits (List):
(1) Memo from Richard Bettor, Chairman of the Code Enforcement Board, recommending
abatement to$11,650.00.
(2) Copy of the Final Order and Supplemental Order issued by the Code Enforcement Board.
(3) Copy of the original violation letter issued.
(4) Copy of minutes from the 1/14/02, 5/06/02, and 2/02/04 code board meetings.
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name &Phone)
Recommended for Approval By:
Code Enforcement Board recommends abating to $11,650.00 because that is the amount
owed through the cleanup date(by the City) of 5/22/02.
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
) �\ . .
# \ 20
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INTEROFFICE MEMORANDUM
CITY OF DANIA BEACH
TO: City of Dania Beach Commission
FROM: Richard Bettor, Chairman
Dania Beach Code Enforcement Board
RE: Request for Abatement
Tommy &Ann Frank
1409 S. Federal Highway
Case # 00-1463
DATE: March 2, 2004
The code enforcement board originally heard this case on 1/14/02 for one public
nuisance violation. A final order was issued giving the defendants 30 days to comply or
a fine of$150.00 per day would be levied. The compliance date was 9/14/02 and the
defendant did not comply until 12/23/03.
The code enforcement board, after hearing testimony on 2/02/04, decided by majority
vote to recommend abating the fine to $11,650.00 because the City cleaned up the
property on 5/22/02 and that would be the amount owed up to that date.
CITY OF DANIA BEACH CODE ENFORCEMENT BOARD
�'IvIf A a!!�—
c and Bettor, C airman
RB/gb
INSTR#102030435
OR BK 33370 Pages 1755_1758
RECORDED 07101/0210:46:24
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2000
#36
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # 1463
A municipal corporation
PLAINTIFF, FINAL ORDER
vs.
TOMMY &ANN FRANK
DEFENDANTS
ORDER OF THE DANIA BEACH CODE ENFORCEMENT BOARD
This proceeding came on for Formal Hearing on January 14, 2002, after notice.
Upon the evidence presented, the Board makes the following findings of fact:
a. The board has jurisdiction of the defendants and the subject matter of this action;
and
b. Defendants, Tommy & Ann Frank, did allow the following code violation to exist
I at property defendants own located at 1409 S. Federal Highway, Dania Beach, Florida,
which property is legally described as: ST JAMES PARK NORTH 3-33 B LOT 2 LESS
WLY 7, 3 LESS S 2 INCHES LESS WLY 7 BLK 2 (# 1203 07 0190 ):
C
r i
FINAL ORDER
#1463
PAGE 2
1. Chapter 13, Section 13-23; Public Nuisance Violation. Failure to remove trash,
junk, garbage and all other materials stored on the property g p p dY and to trim/mow/cut and
maintain trees, shrubs, weeds and grass.
Upon consideration thereof, the motion was made and carried. It is, thereupon
ORDERED:
1. Defendants, Tommy &Ann Frank :
(a) have been found to be in violation of the above described code section listed in
paragraph b.(1). A fine of$150.00 per day will begin running 30 days from the date this
order is signed by the Chairperson of the Board.
The City of Dania Beach shall have and recover from defendants, Tommy & Ann
Frank, for the foregoing violation listed in paragraph b.(1), a fine of $150.00 per day, to
begin running 30 days from the date this order is signed by the Chairperson of the
Board.
The fine shall continue until said violation comes into compliance with said
section of the City Code upon requested inspection. Upon complying, the defendants
shall notify the City's Code Enforcement Department and an officer will inspect the
property and notify the Code Enforcement Board whether defendants have complied.
Said fine shall constitute a lien upon the real property in violation and upon any other
real or personal property of the defendants.
In the event this Final Order is recorded as a lien, a charge will be imposed to
record the Final Order and any lien satisfaction. ORDER
ED at Dania Beach, Broward
County, Florida, this — day of , 2002.
DANIA BEACH CODE ENFORCEMENT BOARD
Notary Seal: By: /�ARi'4�r'N�Bettor, Chairperson
Sw rn and subs ribed before me this
day of 2002. .
4TYiPUBLIC A E OF FLORIDA
Richard Bettor is personally known to me.
ME
OESReturn to: David E.Keller, Finance Director100 W. Dania Beach Blvd. NUMBERDania Beach, FL 33004 aasoIONEXPIRES0.2003
,1
F
FINAL ORDER
#1463
PAGE 3
CERTIFICATE OF SERVICE
I CERTIFY that a copy of the foregoing Final Order was mailed to the
Defendants, Tommy &Ann Frank, this � day of
2002.
CERTIFIED MAIL 7001 0360 0000 4108 2079
CODE E FORCEM T OARD CLERK
APPROVED S TO FORM D CORRECTNESS
�----
TIM RYAN SPECIAL CITY ATT RNEY
Also sent first class mail
Return to: David E. Keller,Finance Director
100 W.Dania Beach Blvd.
Dania Beach,FL 33004
PREPARED BY:
TIMOTHY M. RYAN, ESQ.
Special City Attorney
City of Dania Beach
700 East Dania Beach Boulevard
Dania Beach, Florida 33004
RETURN TO:
MACCIANO LEWIS
Acting Finance Director
City of Dania Beach
100 West Dania Beach Boulevard
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
WITNESS my hand and official seal at Dania Beach, Florida, 18 day
of June. 2002
CITY OF DANIA BEACH
By:
MACCIANO LEWIS,
ACTING FINANCE DIRECTOR
File: CEB 1463 FINAL ORDER
c»
INSTR#102030436
OR BK 33370 Pages 1759-1762
RECORDED 07/01/02 10:46:24
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2000
#37
CODE ENFORCEMENT BOARD
CITY OF DANIA BEACH, FLORIDA
CITY OF DANIA BEACH, a Florida CASE # 1463
Municipal corporation
i
PLAINTIFF, FINAL ORDER
vs.
TOMMY &ANN FRANK
DEFENDANTS
i
SUPPLEMENTAL ORDER/ CLAIM OF LIEN
The City of Dania Beach Code Enforcement Board ("Board") 100 West
Dania Beach Boulevard, Dania Beach, Florida 33004, having received the
testimony and affidavit of Code Officer William Dubisky on the City's Motion to
Confirm Fine held on the 6th day of May, 2002, and based on the evidence, the
Board enters the following findings of fact and order:
1. That the Board did issue on the 4th day of February, 2002, a Final Order
in the above captioned case commanding the defendants, Tommy &Ann
Frank, to bring the violation specified in said Final Order into compliance
SUPPLEMENTAL ORDER
# 1463
on or before the 15th day of March, 2002, or pay a fine in the amount of
$150.00 per day for each day of non compliance thereafter.
2. That said violation occurred on the following described real property
situate, lying and being in Broward County'-Florida' to wit: ST JAMES
PARK NORTH 3-33 B LOT 2 LESS WLY 7, 3 LESS S 2 INCHES LESS
WLY 7 BLK 2 (# 1203 07 0190).
3. That the Defendants, Tommy & Ann Frank, did not comply with the Final
Order on or before the date specified therein.
4. It is the order of this Board that the fine specified in said Final Order is
hereby confirmed and ratified and shall accrue at the per diem specified
until such time as the defendants, Tommy & Ann Frank, shall comply with
said Final Order. Upon complying, the defendants shall notify the City's
Code Enforcement Department and an officer will inspect the property
and notify the Code Enforcement Board whether defendants have
complied.
5. It is the order of this Board that the fine shall constitute a lien against the
above described real g
property and it shall be a lien against any other real
or personal property owned by defendants.
DONE AND ORDERED at Dania Beach, Broward County, Florida, this -3t)—
Day of 21 L-f-� , 2002.
DANIA BEACH CODE ENFORCEMENT BOARD
:BY Richard Bettor, airman
Sworn to and subscribed before me this �30 day of , 2002
By Richard Bettor, who is personally known to me.
NOTARY PU W IC S ATE OF FLORIDA
Return to: David E.Keller,Finance Director 2
100 West Dania Beach Blvd. 4%p,AY P& G G' jNOTARY
Dania Beach,Fl 33004 o
Vcf- Q COIAMISSIONNUMBER
CC828490
MY COMMISSION EXPIRES
OFF �O MAY 10.2003
SUPPLEMENTAL ORDER
# 1463
CERTIFICATE OF SERVICE
CERTIFY that a copy of the foregoing Supplemental Order/Claim of Lien
was mailed to the Defendants, Tommy &Ann Frank, this 20 day of
2002.
CERTIFIED MAIL#7001 1940 0002 6629 9730
CODE NFORCE NT BOARD CLERK
APPROV D TO FO AND CORRECTNESS
TIMOTHY RYAN, SPECIA CITY ATTORNEY
Also sent gular mail
I
Return to: David E.Keller,Finance Director 3
100 West Dania Beach Blvd.
Dania Beach, Fl 33004
P.
PREPARED BY:
TIMOTHY M. RYAN, ESQ.
Special City Attorney
City of Dania Beach
700 East Dania Beach Boulevard
Dania Beach, Florida 33004 '"
RETURN TO:
MACCIANO LEWIS
Acting Finance Director
City of Dania Beach
100 West Dania Beach Boulevard -
Dania Beach, Florida 33004
CERTIFIED COPY OF ORDER OF THE CODE ENFORCEMENT BOARD
STATE OF FLORIDA )
BROWARD COUNTY )
I DO HEREBY CERTIFY the within and foregoing is a true and correct copy of the
original as it appears on record and file in the office of the Clerk of the Code
Enforcement Board of the City of Dania Beach, Broward County, Florida, and that same
is in full force and effect.
i
WITNESS my hand and official seal at Dania Beach, Florida, 18 day
of June, 2002
CITY OF DANIA BEACH
By:
MACCIANO LEWIS,
ACTING FINANCE DIRECTOR
File: CEB 1463 SUPP.ORDER/CLAIM OF LIEN
! • •
I. � W'lY Y� ,.. '�Y6•.�71D FLORIDA
9gD
to
September L20
lOSO
TOMMY & ANN FRANK Case Number: 0-1463
231, EAST 50 ST APT 3-A
NEW YORK, NY 10022
Location: 1409 S FEDERAL HWY
Folio: 5142-03-07-0190-
Legal Description:
ST JAMES PARK NORTH 3-33 BLOT 2 LESS WLY 7, 3 _LESS S 2INCHES
LESS WLY 7 BLK 2
Dear TOMMY & ANN FRANK:
You are hereby notified that you are presently in violation
of Dania Beach Code of Ordinances . We have attached the
ordinance section (s) and corrective actions for your
reference .
You are required to correct the violation (s) and call for a
re-inspection by 9/13/01 . Failure to comply will result
in proceedings against you by the Code Enforcement Board,
as provided by law. If you require further information or
have any questions about the attached violation (s) , please
do not hesitate to contact me.
Sincerely
04
Ui• ` tz
WILLIAM DUBISKY
CODE INSPECTOR
I certify that an original hereof was furnished to the
above named addressee by:
Certified Mail # 7001 0360 0000 4107 5873 by BETH DAGNON .
`Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 www.ci.dania-beach.fl.us
VIULATION DETAIL
r PAGE 1
00-00001463
Y ADDRESS 1409 S FEDERAL HWY
----------------- __
OLA TION: PUBLIC NUISANCES -----------
SCRIPTION: CH 13 SEC QUANTITY: 1
LOCATION: , 13-23
`4 DATE: 9/06/01
ORDINANCE DESCRIPTION :
Violation of Chapter 13 , Section 13-23 ; Public Nuisance
Violation. Property declared a public nuisance and
must be placed into good condition.
CORRECTIVE ACTION REQUIRED :
Trash, junk, garbage, and all other materials stored on the
property must be- removed. Trees, shrubs, weeds, and grass
must be trimmed/mowed/cut and maintained.
additional testimony. Chairman Bettor asked if anyone was present to represent
the defendant; no one came forward. It was on motion of Tim McLeod, seconded
by Gary Luedtke, to adopt the findings of fact and impose a fine of$250.00 per
day for each day the violation exists since 12/4/01. The motion carried on the
following roll call:
William Sargent—yes Tim McLeod—yes Judy Jensen—yes
Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes
Richard Bettor—yes
The following minutes are transcribed from hand written sheets taken
during the meeting due to the malfunction of the recording device.
24. Request for Abatement-#1476 - Samuel Weiss-130 SW 3 Avenue
Code Inspector William Dubisky, having been previously sworn in, came
forward. Mr. Dubisky said Mr. Weiss sent a letter requesting this abatement be
continued to the February meeting because Mr. Weiss is out of town. It was on
motion of Beulah Lair, seconded by William Sargent, to deny the abatement. The
motion carried on the following roll call:
William Sargent—yes Tim McLeod—yes Judy Jensen—yes
Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes
Richard Bettor—yes
25. #1463 Tommy and Ann Frank
1409 S. Federal Highway
Dania Beach, FL
Code Inspector William Dubisky, having been previously sworn in, came
forward. Mr. Dubisky said notice was not obtained by Certified Mail, however
notice was sent regular mail and the property was posted; the Affidavit of Service
is on file. This is a violation of Chapter 13, Section 13-23, Public Nuisance. As of
today, the property is still in violation of Chapter 13; there are weeds and trash on
the property. Four photos were given to the Board. Chairman Bettor asked if
anyone was present to represent the defendants; no one came forward. It was on
motion of Beulah Lair, seconded by Jimmy Peterman,to adopt the findings of fact
by Code Inspector William Dubisky, move to find the violation exists as charged,
move the violators be given 30 days to comply or a fine of $150.00 per day be
levied. The motion carried on the following roll call:
William Sargent—yes Tim McLeod—yes Judy Jensen—yes
Jimmy Peterman—yes Gary Luedtke—yes Beulah Lair—yes
Richard Bettor—yes
Dania Beach Code Board Summary Minutes 21 January 14,2002
30. Motion to Confirm-#1449-Clydell Davis I/Z lnt. Elijah Miller Jr.-126 NW 5
Avenue
Code Inspector Eric Baker came forward having been previously sworn in. Pursuant
to the Board's Order, corrective action was to have been taken on or before 2/02/02
and that a reinspection of the property 5/06/02 revealed the corrective action had not
been taken in that the abandoned vehicles, trash, and junk are still on the property. It
was on motion of Gary Luedtke, seconded by Tim McLeod, to confirm the fine. The
motion carried on the following roll call:
Tim McLeod—yes Judy Jensen—yes
Gary Luedtke—yes ` ` - `" Beulah Lair=yes Richard Bettor—yes
31. Motion to Confirm-#1463-Tommy & Ann Frank-1409 S. Federal Highway
Code Inspector William Dubisky came forward having been previously sworn in.
Pursuant to the Board's Order, corrective action was to have been taken on or before
2/13/02 and that a reinspection of the property 5/06/02 revealed the corrective action
had not been taken in that the weeds and grass are still uncut and the property is not
being maintained. The Affidavit of Noncompliance is in the file. It was on motion of
Tim McLeod, seconded by Beulah Lair, to confirm the fine. The motion carried on
the following roll call:
Tim McLeod—yes Judy Jensen—yes
Gary Luedtke—yes Beulah Lair- yes Richard Bettor—yes
32. Motion to Confirm-#1571-Henry Newbold Jr.-vacant lot east of 716 SW 7
Terrace
Code Inspector William Dubisky came forward having been previously sworn in. Mr.
Dubisky asked that this case be dismissed because it complied at the post board. It
was on motion of Tim McLeod, seconded by Gary Luedtke, to dismiss the case. The
motion carried on the following roll call:
Tim McLeod—yes Judy Jensen—yes
Gary Luedtke—yes Beulah Lair- yes Richard Bettor—yes
33. #2011 Jay Kodner
45 S. Federal Highway
Dania Beach, FL.
Chief Code Inspector William S. Johnson, having been previously sworn in, came
forward. Mr. Johnson asked that this case be continued. It was on motion of Tim
McLeod, seconded by Gary Luedtke, to continue the case. The motion carried on the
following roll call:
Code Enforcement Board Summary Minutes 19 May 6,2002
read tonight's cases that have complied as #03-4482, Ann C. Le Metscher, James
& Marta Le Metscher, complied 1/30/04; #03-4558, Gary & Margaret L.
Alletzhauser, complied 2/02/04; #03-4687, Kenneth E. Carpenter, complied
2/02/04; 403-4745, Oliver A. Menzies, complied 2/02/04; #03-4748, Joseph
Moran, complied 2/02/04; #03-4810, Joseph P. Schubert Jr., complied 2/02/04;
#03-4869, Victor Hernandez, complied 1/30/04; #03-5052, Sidney K. & Evelyn
P. Schoenwald, complied 2/02/04; #03-5433, Patricia B. Cancilla, complied
1/28/04; #03-5666, Anthony Ditommaso, complied 2/02/04; #03-5816, Amanda
H. Tilley, complied 1/27/04; and #03-5861, Vigilant LLC, complied 2/02/04. It
was on the motion of Tim McLeod, seconded by Jimmy Peterman, to dismiss the
cases as read b Mr. Johnson. The motion carried on they 0`11owing roll call:
y . .
6 ' Jimmy Peterman-yes
Tim McLeod-yes Judy Jensen-yes
Gary Luedtke-yes Richard Bettor-yes ?`t!errell McCombs-yes
4) Motion to Dismiss - #02-3461 - Phas f., Properties I,'TD,EP�tnr — 255 E.
Dania Beach Boulevard _ ,-
t
,1
Chief Code Inspector William S. Johnson, havin��ieen previously sworn in, came
,
forward and requested that the case be dismissed,, Mr. Johnson said that upon
speaking to the Occupational License Clerk, Ms EulayGardner, it was noted that a
clerical error had occurred. It wasp`e the motion of Judy Jensen to dismiss the
case. The motion was seconded byTim McLeod and carried on the following roll
call:
Tim McLeod' es 14?u Judy Jensen-yes Jimmy Peterman-yes
y , i
Gary Luedtke yes Richard Bettor-yes Terrell McCombs-yes
5 Re uest for Abateme -�#00 14CX Tommy and Ann Frank — 1409 S.
Federal Highway
Code Inspector William D*sky came forward, was sworn in, and gave the
following testimony This was originally heard by the board on 1/14/02. The
compliance date wash 3/06/02, and the defendant did not comply until 12/23 03.
The fine an for 657 days at $150.00 per day plus $100.00 recording fee which
totaled to $65,800.00 owed. The fine was confirmed on 5/06/02 and was
authorized forforeclosure on 10/06/03. Chairman Bettor asked if there was
anyone representing Tommy and Ann Frank. Harry Hipler, attorney representing
the Frank's, came forward to state that the Frank's were not living at the same
location, they were in Chicago, and at one time they both had to take care of their
ill parents. Mr. Hipler said that the Frank's did not receive the notice on the
violations. Mr. Hipler said that the files will show that the Frank's did not sign for
the hearing notice. The Frank's are not opposed to paying the hard costs that the
city has incurred due to the violations. Mr. Hipler said that there were other
parties dumping trash on the property in which the city had cleaned. The property
was cleaned and the cleaning should have stopped the running fines. Mr. Hipler
Dania Beach Code Board Summary Minutes 2 February 2,2004
asked for an abatement of the fine with the exception of the hard costs that the
city had occurred. Attorney Joshua Pinsky stated that the hard costs are not part of
the abatement fine. The code enforcement lien could be reduced even though it
includes the time up until the clean up of the property. Attorney Pinksy asked for
the clean up date. Mr. Dubisky said that the first clean up date was 5/22/02., the
fine up until this clean up would have been $11,650.00. Attorney Pinsky said that
the board should consider this first clean up as a means to correct the violation the
first time. Chairman Bettor asked if there was proper service given. Mr. Dubisky
said yes there was proper service. Attorney Pinsky said that the notice was
properly serviced, but not reached to the defendants. The city had sent out the
notice according to the address on the tax rolls, butg.;�thi'%efendants.have not
updated their mailing address. It was on the motion, "
otion Tim McLeod to abate the
W .
fine to $11,650.00 with a $100.00 recording fee which would be $11,750.00. Mr.
Johnson said that it is $11,650.00 with the $100 0 inc ia,dW Mr. McLeod said
that he stands corrected on his motion. Boo
lerk G1onaTrandes asked Mr.
McLeod if he had a reason for the abatement. Mr. McLeod sard,-because of the
corrected date of 5/22/02 as mentioned- he cod6,enforcement A ff:�� �he motion
was seconded by Jimmy Peterman and carned�on the following roll calf:
Tim McLeod-yes ;Judy Jensen-yes �
Y Jimmy Peterman-yes
Gary Luedtke-no Richard Bettor yes '`' Terrell McCombs-yes
K ���
�',
6) Request for Extension 402-3686� Ric",,,gGoldenberg—30 SW 15 Street
illi�am�Dubisky, hading been previously sworn in, came forward
Code Inspector Wit , `
and had the followiq ,:testimony. *.Dubisky said that Mr. Goldenberg has
f
outstandmgbuil 'ng permits m which-h is trying to bring the property into
compliance. Mftold&ilerg, is asked or an extension because he needed to
,.,
complete ,h s�project Chairman Bett6r asked if there was anyone representing
R phard Goldenberg i and Goldenberg, 36 SW 15 Street, came forward and
was sworn in Mr Golden ex said that he had some window repairs, which he
'did;Rbut he has soiree more renovations to do. There was some discussion by the
boards members in regards to the extension time that should be given to Mr.
Goldenberg. JimmyzPeterman asked what is the condition of the property. Mr.
Dubisky said that Mt. Goldenberg is working on complying the property because
of the trash and fence. Judy Jensen said that there should be no extension on the
4.,m
trash, but 60 or''70 days should be given for the other violations. Attorney Pinsky
said that the`extension should be for the whole order, not just one part should get
an extension. Judy Jensen made a motion to grant the extension of 75 days. Board
Clerk Gloria Brandes asked if the extension was from 1/24/04. Ms. Jensen said
yes. The motion was seconded by Jimmy Peterman and carried on the following
roll call:
Tim McLeod-yes Judy Jensen-yes Jimmy Peterman-yes
Gary Luedtke-yes Richard Bettor-yes Terrell McCombs-yes
Dania Beach Code Board Summary Minutes 3 February 2,2004
AGENDA REQUEST FORM
CITY OF DANIA
Date: 3/02/04 Agenda Item#: •
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for#02-2380—Tommy &Ann Frank— 1409 S. Federal
Highway
Summary Explanation & Background:
Defendants Tommy &Ann Frank were notified on 5/03/02, by certified mail, that their property
was in need of cleanup of all trash and garbage, cutting of grass, trimming of trees and securing
the property. The letter stated that the property was to be brought into compliance within 10 days
from 5/03/02 or the City would do the work and place a lien upon the property in the amount of
$1,375.00. The defendants did not bring the property into compliance and the City went in and did
the work and a lien was placed upon the property for$1,375.00 plus interest at 12% per annum.
The total owed on this through 3/18/04 is $1,752.31.
Exhibits (List):
(1) Copy of the original violation letter issued.
(2) Copy of estimate from Public Works for cleanup
(3) Copies of clean up memo.and before and after pictures from Public Works
(4) Copy of follow up letter to defendants advising of cleanup and lien.
(5) Copy of recorded Claim of Lien
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
/ .
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' FLORIOA
May 3, 2002
Certified Mail 7001 1940 0003 5600 2523
Tommy &Ann Frank
231 East 50 St. Apt.3-A'--
New York, NY 10022
RE: Property located at 1409 S. Federal Highway, Dania Beach, FL
Folio # 1203-07-0190
Case # #02-2380
Dear Tommy &Ann Frank:
Pursuant to Chapter 13; Section 13-23; Public Nuisance; All premises within the City of
Dania Beach shall be maintained in a good safe condition, free of trash, garbage and
debris.
Your property located at 1409 S. Federal Highway, Dania Beach, Florida, must be placed
into a good and safe condition by cutting the grass, trimming the trees, removing debris,
cleaning and securing the property within 10 days.
IF THE CONDITIONS ARE NOT CORRECTED WITHIN 10 DAYS THE CITY WILL
REMOVE THE SAME AND PLACE A LIEN UPON THE PROPERTY FOR THE COSTS
;�vC::RRED. Tl 1E PUBLIC WORKS DEPARTMENT HAS EST!ftA TED T'!E l^�n-�T T/1
CLEAN UP THE PROPERTY TO BE $1,375.00.
1 have attached a copy of the Dania Beach Code of Ordinances Chapter 13; Section 13-
23; Public Nuisance.
Sincerely,
CITY OF DANIA B H
Iva ato l -
City Manager
I P/bd
"Browar&s First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us
1
CITY OF DANIA BEACH
Utilities and Public Works Dept.
ESTIMATE
DATE: April 17, 2002
TO: William S Johnson, Chief Code/Zoning Inspector
FROM: Connie Falzone, Administrative Assistant of Utilities/ Public Works
SUBJECT: Estimate nuisance property 1409 S Federal Hwy
The property located at 1409 S Federal Hwy.was estimated on 4-8-02, as follows:
4 men @ $15.00 per hour @ 4.5 hours $270.00
cut grass, trim trees, clean property, and remove 380.00 I
debris
secure property 600.00
sub total $1250.00
10% administrative fees 125.00
Total $1375.00
r
ti � 2w �yR
CITY OF DANIA BEACH
Utilities and Public Works Dept.
STATEMENT
DATE: July 1, 2002 .�
TO: William S Johnson, Chief Code/Zoning Inspector
FROM: Connie Falzone, Administrative Assistant of Utilities/ Public Works
SUBJECT: Nuisance property cleaned at 1409 S Federal Highway
The property located at 1409 S Federal Highway was cleaned on 5-22-02 as follows:
4 men @ $15.00 per hour @ 4.5 hours $270.00
cut grass, trim trees, clean property, and remove debris 380.00
secure property 600.00
sub total $1250.00
10% administrative fees 125.00
Total $1375.00
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FLORIDA
STATEMENT
July 3, 2002 Certified Mail No. 7001 1940 0002 6630 0993
Tommy & Ann Frank
231 East 50 Street Apt.3-A
New York, NY 10022
Re: Location: 1409 S. Federal Hwy
Folio No.: 1203-07-0190
Legal Description: St. James Park North 3-33 B lot 2 less Wly 7,3 Less S 2
Inches less Wly 7 Blk 2
Owner: Tommy &Ann Frank
Case # 02-2380
Dear Tommy &Ann Frank:
Pursuant to written notice sent to you by Certified Mail No. 7001 1940 0003 5600 2523
mailed on the 3rd day of May 2002, and your failure to respond thereto, the above
referenced property was secured, the grass was cut, the trees were trimmed, the
property was cleaned, and the debris was removed on May 22, 2002, and in
accordance with said notice, the sum of $1,375.00 is due and payable to the City of
Dania Beach:
Mow grass & trim trees $270.00
Clean property & remove debris $380.00
Secure property + 600.00
Subtotal $1,250.00
10% Administrative Fee + 125.00
Total $1,375.00
Demand is hereby made that said sum of $1,375.00 must be paid to the City of Dania
Beach, Florida, on or before the 1.7' day of July 2002. In the event that you fail to pay
the amount demanded within the time specified, a lien for the full amount of this
n
f f
S l
statement plus recording fees of$55 for the initial recording of the lien and $45 for
recording a satisfaction of lien once it is paid, will be imposed upon your property by the
City of Dania Beach, Florida, and said lien recorded in the public records of Broward
County, Florida.
If you desire to have a hearing on this statement, a written request for same must be
filed in the office of the City Clerk on or before the 171 day of July 2002.
Please govern yourself accordingly.
A°4�
William S. Johnson
Chief Zoning/Code Inspector
0
INSTR#102156286
OR BK 33598 Pages 1233-1233
RECORDED 08/08/02 16:17:07
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2000
#8, 1 Pages
CLAIM OF LIEN
STATE OF FLORIDA)
COUNTY OF BROWARD) SS .
THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation organized and
existing under the laws of the State of Florida, on 5/22/02, furnished TOMMY &
ANN FRANK:
MOWING AND DEBRIS REMOVAL
services to the following described property located in the City of Dania
Beach, Broward County, Florida, and the amount of charges for same as shown
hereinafter is due and owing the City of Dania Beach, Florida on the real
property described as follows:
ST JAMES PARK NORTH 3-33 B LOT 2 LESS WLY 7,3 LESS S 2 INCHES LESS WLY 7 BLK 2
FOLIO 1203 07 0190; TO PAY THE AMOUNT OF $1,375.00 BY THE DATE OF July 17,
2002 with interest thereon at the rate of twelve percent (12%) per annum from
July 17, 2002, the date for interest to begin as shown in your statement for
such services, to the date of payment of the amounts due.
The City of Dania Beach, Florida, claims a lien for the above amount, as
provided for in Section 13-23, Public Nuisances, Chapter 13 of the Code of
Ordinances of the City of Dania Beach, Florida.
WITNESSES:
CITY OF DANIA BEACH
lien BY: iN_\__� .
Macciano Lewis
Acting Finance Director
SWORN TO AND SUBSCRIBED before me this 240 day of 7Z &
2002.
Macciano Lewis is personally
known to me.
Notary Public
My Commission Expires:
This instrument prepared by:
City Attorney-City of Dania Beach
P.O. Box 1708
Dania Beach, F1 33004 SH7=aF2
A.
MY COM
Y -
EXPBonged lt
AGENDA REQUEST FORM
CITY OF DANIA
Date: 3/02/04 Agenda Item#: 363
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for#02-3409—Tommy &Ann Frank— 1409 S. Federal
Highway
Summary Explanation & Background:
Defendants Tommy &Ann Frank were notified on 9/19/02, by certified mail, that their property
was in need of cleanup of all trash and junk and cutting and trimming the property and removing
the clippings. The letter stated that the property was to be brought into compliance within 10 days
from 9/19/02 or the City would do the work and place a lien upon the property in the amount of
$629.75. The defendants did not bring the property into compliance and the City went in and did
the work and a lien was placed upon the property for$629.75 plus interest at 12% per annum.
The total owed on this through 3/18/04 is$830.24.
Exhibits (List):
(1) Copy of the original violation letter issued.
(2) Copy of estimate from Public Works for cleanup
(3) Copies of clean up memo and before and after pictures from Public Works
(4) Copy of follow up letter to defendants advising of cleanup and lien.
(5) Copy of recorded Claim of Lien
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name &Phone)
Recommended for Approval By:
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
73
FLORIDA
September 19, 2002 Certified Mail 7002 0860 0000 5818 1721
Tommy & Ann Frank
231 East 50 St. Apt.3-A
New York, NY 10022
Re: Property located at 1409 S. Federal Highway, Dania Beach, FL 33004
Folio # 514203070190
Case #02-3409
Dear Tommy&Ann Frank:
Pursuant to Chapter 13, Section 13-23; Public Nuisance; all premises within the City of
Dania Beach shall be maintained in a good and safe condition.
Your property located at 1409 S. Federal Highway, Dania Beach, Florida, must be placed
into a good and safe condition by cutting and trimming the property and removing trash,
junk, and clippings within 10 days from the date of this letter.
If the conditions are not corrected within 10 days from the date of this letter, pursuant to
Chapter 13, Section 13-24; Abatement, the City will correct the condition and place a lien
upon the property for the costs incurred. The Public Works department has estimated the
cost to correct the condition to be approximately$629.75.
I have attached a copy of the Dania Beach Code of Ordinances Chapter 13, Section 13-23
and Section 13-24 for your reference.
If you have any questions,please feel free to call be at 954-924-3646.
Sincerely,
Eric Baker
Code Inspector
EB/b
Enclosures
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us
CITY OF DANIA BEACH
Utilities and Public Works Dept.
ESTIMATE
DATE: August 23, 2002
TO: William S Johnson, Chief Code/ Zoning Inspector
FROM: Connie Falzone, Administrative Assistant of Utilities/ Public Works
SUBJECT: 1409 South Federal Highway estimate nuisance property
The property located at 1409 South Federal Highway was estimated on 8/12/02, as
follows:
3 men @ $35.00 per hour @ 4.5 hours $472.50
mow grass and trim trees 40.00
remove clippings and trash 60.00
Sub total 572.50
10% administrative fees 57.25
Total $629.75
Mi
CITY OF DAsNI _ BEACH
Utilities and Public Works Dept.
STATE ENT
®ATE: October 24, 2002
TO: William S Johnson, Chief Code/Zoning Inspector
FROM: Connie Falcone, Administrative Assistant of Utilities/ Public Works
SUBJECT: 1409 South Federal Hwy nuisance property cleaned
The property located at 1409 South Federal Hwy. was cleaned on 10-2-02 as follows:
3 men @ $35.00 per hour @ 4.5 hours $472.50
mow grass and trim trees 40,00
remove clippings and trash 60.00
Sub total 572.50
10% administrative fees 57.25
Total $629.75
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f:
FLORIDA
STATEMENT
November 5, 2002 Certified Mail No. 7002 0860 0000 5818 5002
Tommy & Ann Frank
231 East 50 Street Apt.3-A
New York, NY 10022
Re: Location: 1409 S. Federal Hwy
Folio No.: 1203-07-0190
Legal Description: St. James Park North 3-33 B lot 2 less Wly 7,3 Less S 2
Inches less Wly 7 Blk 2
Owner: Tommy & Ann Frank
Case # 02-3409
Dear Tommy & Ann Frank:
Pursuant to written notice sent to you by Certified Mail No. 7002 0860 0000 5818 1721
mailed on the 191h day of September 2002, and your failure to respond thereto, the
above referenced property was cleaned, the grass was cut, the trees were trimmed,
and the trash and trimmings were removed on October 2, 2002, and in accordance with
said notice, the sum of$629.75 is due and payable to the City of Dania Beach:
Mow grass & trim trees $472.50
Clean property & remove debris $60.00
Remove clippings and trash + $40.00
Subtotal $572.50
10% Administrative Fee + $57.25
Total
$629.75
Demand is hereby made that said sum of$629.75 must be paid to the City of Dania
Beach, Florida, on or before the 19' day of November 2002. In the event that you fail to
pay the amount demanded within the time specified, a lien for the full amount of this
statement plus recording fees of$55 for the initial recording of the lien and $45 for
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
f +
recording a satisfaction of lien once it is paid, will be imposed upon your property by the
City of Dania Beach, Florida, and said lien recorded in the public records of Broward
County, Florida.
If you desire to have a hearing on this statement, a written request for same must be
filed in the office of the City Clerk on or before the 191h day of November 2002.
Please govern yourself accordingly.
William S. Johnson
Chief Zoning/Code Inspector
INSTR#102622866
OR BK 34537 Pages 1699-1699
CLAIM OF LIEN RECORDED 02/07/0307:37:52
BROWARD COUNTY COMMISSION
DEPUTY CLERK 2000
STATE OF FLORIDA) #16,1 Pages
COUNTY OF BROWARD) SS.
THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, on
October 2 , 2002, furnished
MOWING, TRIMMING OF TREES AND DEBRIS REMOVAL
services to the following described property located in the City
of Dania Beach, Broward County, Florida, and the amount of
charges for same as shown hereinafter is due and owing the City
of Dania Beach, Florida on the real property described as
follows :
TOMMY & ANN FRANK (OWNERS) , ST JAMES PARK NORTH 3-33 B LOT 2 LESS
WLY 7, 3 LESS S 2 INCHES LESS WLY 7 BLK 2 , TAX FOLIO NUMBER 51 42
03 07 0190; TO PAY THE AMOUNT OF $629 . 75 BY THE DATE OF NOVEMBER
19, 2002 , with interest thereon at the rate of twelve percent
(12a) per annum from NOVEMBER 19, 2002, the date for interest to
begin as shown in your statement for such services, to the date
of payment of the amounts due.
The City of Dania Beach, Florida, claims a lien for the above
amount, as provided for in Section 13-23 , Public Nuisances,
Chapter 13 of the Code of Ordinances of the City of Dania Beach,
Florida.
WITNESSES :
CITY OF DANIA BEACH
BY: oo.�Z'
Patricia Varney
Finance Director
SWORN TO AND SUBSCRIBED before me this 1Q day of ✓&—A K
2003.
Patricia Varney is personally
known to me.
NOTARY PUBLIC
This instrument was prepared by:
CITY ATTORNEY
CITY OF DANIA BEACH
P.O. BOX 1708
DANIA BEACH, FLORIDA 33004
My Commission Expires: SHARONPRENTICE
MY COMMISSION 0 CC 834299
EXPIRES:May 9,2003
Bonded Thru Notary Public Undervrtiten
AGENDA REQUEST FORM
CITY OF DANIA
Date: 3/02/04 Agenda Item#: u-143
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for#03-3928—Tommy &Ann Frank— 1409 S. Federal
Highway
Summary Explanation & Background:
Defendants Tommy &Ann Frank were notified on1/17/03, by certified mail, that their property was
in need of cleanup of all trash and mowing and weeding The letter stated that the property was to
be brought into compliance within 10 days from 1/17/03 or the City would do the work and place a
lien upon the property in the amount of$585.75. The defendants did not bring the property into
compliance and the City went in and did the work and a lien was placed upon the property for
$585.75 plus interest at 12% per annum. The total owed on this through 3/18/04 is$750.50.
Exhibits (List):
(1) Copy of the original violation letter issued.
(2) Copy of estimate from Public Works for cleanup
(3) Copies of clean up memo and before and after pictures from Public Works
(4) Copy of follow up letter to defendants advising of cleanup and lien.
(5) Copy of recorded Claim of Lien
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
4f
FLORIDA
January 17,2003
Tommy & Arm Frank Certified Maail7002 0860 0000 5814 3798
231 East 50 St. Apt. 3-A
New York,NY 10022
Re: Property located at 1409 S Federal Hwy
Folio# 514203070190
Case# 03-3928
Dear Tommy& Ann Frank:
Pursuant to Chapter 13, Section 13-23; Public Nuisance; all premises within the City of
Dania Beach shall be maintained in a good and safe condition.
Your property located at 1409.S. Federal Highway, Dania Beach, Florida,must be placed
into a good and safe condition by mowing, weeding and removing all trash within 10
days from the date of this letter.
If the conditions are not corrected within 10 days from the date of this letter,pursuant to
Chapter 13, Section 13-24; Abatement, the City will correct the condition and place a lien
upon the property for the costs incurred. The Public Works department has estimated the
cost to correct the condition to be approximately $585.75.
I have attached a copy of the Dania Beach Code of Ordinances Chapter 13, Section 13-23
and Section 13-24 for your reference.
If you have any questions,please feel free to call be at 954-924-3646.
Sincerel
7
Eric Baker
Code Inspector
/rd
Enclosures
Xerox copy—Certified Mail No. 7002 0860 0000 5814 3774—mailed to: Tommy& Ann
Frank, 3804 Rodman St. NW#301, Washington, DC 20016
`Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
I
`wuNO
CITY OF DANIA BEACH
Utilities and Public Works Dept.
ESTIMATE
DATE: January 13, 2003
TO: William S Johnson, Chief Code/Zoning Inspector
FROM: Connie Falzone, Administrative Assistant of Utilities/ Public Works
SU13JECT: 1409 South Federal Hwy estimate nuisance property
The property located at 1409 So Federal Hwy. was estimated on 1-10-2003, as follows:
3 men @ $35.00 per hour @ 4.5 hours $472.50
mow weed and remove trash
Trash remove 60.00
Sub total 532.50
10% administrative fees 53.25
Total $585.75
CITY OF Di NIA BEACH
Utilities and Public Works Dept.
STATEMENT
DATE: March 12, 2003
TO: William S Johnson, Chief Code/Zoning Inspector
FROM: Connie Falzone, Administrative Assistant of Utilities/ Public Works
SUBJECT: 1409 South Federal Highway clean nuisance property
The property located at 1409 South Federal Highway was cleaned on January 29, 2003
as follows:
3 men @ $35.00 per hour c@ 4.5 hours $472.50
mow weed and remove trash
trash removal 60.00
Sub total 532.50
10% administrative fees 53.25
Total $585.75
$ 'r<Y'L'
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f'
FLORIDA
STATEMENT
April 3, 2003 Certified Mail No. 7002 0860 0005 3714 0690
Tommy &Ann Frank
231 East 50 St Apt 3-A
New York, NY 10022
Re: Location: 1409 S Federal Hwy
Folio No.: 5142-03-07-0190
Legal Descrip-tion: ST JAMES PARK NORTH 3-33 B LOT 2 LESS WLY 7, 3
LESS S 2 INCHES LESS WLY 7 BLK 2
Owner: Tommy &Ann Frank
Case # #03-3928
Dear Tommy &Ann Frank:
Pursuant to written notice sent to you by Certified Mail No. 7002 0860 0000 5814 3798
mailed on the 17th day of January 2003, and your failure to respond thereto, the above
referenced property was cut and cleaned and the trash and cuttings were removed on
January 29, 2003, and in accordance with said notice, the sum of$585.75 is due and
payable to the City of Dania Beach:
3 men @ $35.00 per hour @ 4.5 hours $472.50
mow weed and removed trash
trash removal 60.00
Subtotal $532.50
10% Administrative Fees + $ 53.25
Total $585.75
Demand is hereby made that said sum of$585.75 must be paid to the City of Dania
Beach, Florida, on or before the 17th day of April 2003. In the event that you fail to pay
the amount demanded within the time specified, a lien for the full amount of this
statement plus recording fees of$55 for the initial recording of the lien and $45 for
recording a satisfaction of lien once it is paid, will be imposed upon your property by the
City of Dania Beach, Florida, and said lien recorded in the public records of Broward
County, Florida.
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beachAus
If you desire to have a hearing on this statement, a written request for same must be
filed in the office of the City Clerk on or before the 171h day of April 2003.
Plea govern yoUrseif accordingly.
William Dubisky
Code Inspector
/rd
Xerox Copies:
- Certified Mail No. 7002 0860 0005 3714 0669 — mailed to Tommy & Ann Frank, 3804
Rodman St. NW #301, Washington, DC 20016
- Certified Mail No. 7002 0860 0005 3714 0720 — mailed to Tommy &Ann Frank, 15506
Roosevelt BV, Clearwater, FL 33760
-Also sent Regular Mail
J INSTR#103232530
✓✓ CLAIM OF LIEN OR SK 35867 Pages 378-378
RECORDED 08/21/03 09:03.28
BROWARD COUNTY COMMISSION
STATE OF FLORIDA) DEPUTY CLERK1034
COUNTY OF BROWARD) SS. #5, 1 Pages
THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, on
January 29, 2003, furnished
MOWING AND DEBRIS REMOVAL
services to the following described property located in the City
of Dania Beach, Broward County, Florida, and the amount of
charges for same as shown hereinafter is due and owing the City
of Dania Beach, Florida on the real property described as
follows :
TOMMY & ANN FRANK (OWNER) , ST JAMES PARK NORTH 3-33 BLOT 2
LESS WLY 7, 3 LESS S 2 INCHES LESS WLY 7 BLK 2, TAX FOLIO NUMBER
51 42 03 07 0190; TO PAY THE AMOUNT OF $585 . 75 BY THE DATE OF
APRIL 17, 2003 with interest thereon at the rate of twelve
percent (12%) per annum from APRIL 17, 2003, the date for
interest to begin as shown in your statement for such services,
to the date of payment of the amounts due.
The City of Dania Beach, Florida, claims a lien for the above
amount, as provided for in Section 13-23, Public Nuisances,
Chapter 13 of the Code of Ordinances of the City of Dania Beach,
Florida.
WITNESSES:
CITY OF DANIA BEACH
Patricia Varney
Finance Director
SWORN TO AND SUBSCRIBED before me this / �� day of A g asT ,
2003.
Patricia Varney is personally
known to me. C`-����ia1/� ✓ .�iti�
This instrument was prepared by: NOTARY PUBLIC
CITY ATTORNEY
CITY OF DANIA BEACH
P.O. BOX 170E
DANIA BEACH, FLORIDA 33004
Eon--""P�0'
My Commission Expires: ;ttolan,p�,State of Florida
•E*Ca► -jwbn8owMay9,2007
; Comminion#DD181004
Bonded BY Natlonol Notary Asm.
V
AGENDA REQUEST FORM
CITY OF DANIA
Date: 3/02/04 Agenda Item#: 1
Title: Request for Abatement
Requested Action:
Consideration of the Abatement Request for#03-4476—Tommy &Ann Frank— 1409 S. Federal
Highway
Summary Explanation & Background:
Defendants Tommy &Ann Frank were notified on 4/17/03, by certified mail, that their property
was in need of cleanup of all trash and junk and that the vegetation needed trimming and cutting.
The letter stated that the property was to be brought into compliance within 10 days from 4/17/03
or the City would do the work and place a lien upon the property in the amount of$651.75. The
defendants did not bring the property into compliance and the City went in and did the work and a
lien was placed upon the property for$651.75 plus interest at 12% per annum. The total owed on
this through 3/18/04 is $ 811.57.
Exhibits (List):
(1) Copy of the original violation letter issued.
(2) Copy of estimate from Public Works for cleanup
(3) Copies of clean up memo and before and after pictures from Public Works
(4) Copy of follow up letter to defendants advising of cleanup and lien.
(5) Copy of recorded Claim of Lien
Purchasing Approval:
Prepared By:
Gloria Brandes, Code Enforcement Secretary
Source of Additional Information: (Name & Phone)
Recommended for Approval By:
Commission Action:
Passed ❑ Failed ❑ Continued ❑ Other ❑
Comment:
City Manager City Clerk
FLORIDA
n 17, 2003
Certified Mail # 7002 2030 0003 2167 4999
Tommy and Ann Frank
231 East 50 Street,Apt. 3-A
New York,NY 10022
Re: Property located at 1409 S Federal Hwy, Dania Beach, FL
Folio# 5142 0307 0190
Case# 03-4476
Dear Tommy and Ann Frank:
Pursuant to Chapter 13, Section 13-23; Public Nuisance; all premises within the City of
Dania Beach shall be maintained in a good and safe condition free of trash and junk.
Your property located at 1409 S. Federal Highway, Dania Beach, Florida, must be placed
into a good and safe condition by cleaning the property of all trash and junk; and
trimming and cutting vegetation within 10 days from the date of this letter.
If the conditions are not corrected within 10 days from the date of this letter, pursuant to
Chapter 13, Section 13-24; Abatement, the City will correct the condition and place a lien
upon the property for the costs incurred. The Public Works department has estimated the
cost to correct the condition to be approximately $651.75.00.
I have attached a copy of the Dania Beach Code of Ordinances Chapter 13, Section 13-23
and Section 13-24 for your reference.
If you have any questions, please feel free to call be at 954-924-3646.
Sinc rely,
Eric Baker
Code Inspector
EB/sp
Enclosure
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 wwwci.dania-beach.fl.us
n ��s
CITY OF DA►N IA► BEACH
Utilities and Public Works Dept.
ESTIMATE
DATE: April 16, 2003
TO: William S Johnson, Chief Code/Zoning Inspector
FROM: Connie Falzone, Administrative Assistant of Utilities/ Public Works
SUBJECT: 1409 S Federal Hwy estimate property
The property located at 1409 S Federal Hwy was estimated on April 2, 2003, as
follows:
3 men @ $35.00 per hour @ 4.5 per hour $472.50
mow grass, trim trees, & remove
Trash removal 120.00
Sub total 592.50
10% administrative fees 59.25
Total $651.75
CITY OF DANIA BEACH
Utilities and Public works Dept.
STATEMENT
DATE: May 16, 2003
TO: William S Johnson, Chief Code/Zoning Inspector
FROM: Connie Falzone, Administrative Assistant of Utilities/ Public Works
SUBJECT: 1409 S Federal Hwy. clean nuisance property
The property located at 1409 S Federal Hwy. was cleaned on 5-15-2003, as follows:
3 men @ $35.00 per hour @ 4.5 per hour $472.50
Mow grass, trim trees, & remove trash 120.00
10% administrative fees Sub total 592.5059.25
Total $651.75
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eTATEMENT FLORIDA
i
May 30, 2003 Certified Mail No. 7002 2030 0003 2167 1677
Tommy &Ann Frank
231 East 50 St., Apt. 3-A
New York, NY 10022
.>. Re: Location: 1409 S Federal Highway
Folio No.: 514203070190
Legal Description: St. James Park North 3-33 BLOT 2 Less Wly 7, 3 Less S 2
Inches Less Wly 7 Blk 2
Owner: Tommy &Ann Frank
Case # 03-4476
Dear Tommy &Ann Frank:
Pursuant to written notice sent to you by Certified Mail No. 7002 2030 0003 2167 4999
mailed on the 17th day of April 2003, and your failure to respond thereto, the above
referenced property was mowed, the trees were trimmed, and the trash and trimmings
were removed on May 15, 2003, and in accordance with said notice, the sum of
$651.75 is due and payable to the City of Dania Beach:
3 men @$35.00 per hour @ 4.5 per hours $472.50
Mow grass, trim trees, & remove trash + $120.00
10% Administrative Fee + $59.25
Total $651.75
Demand is hereby made that said sum of$651.75 must be paid to the City of Dania
Beach, Florida, on or before the 13th day of June 2003. In the event that you fail to pay
the amount demanded within the time specified, a lien for the full amount of this
statement plus recording fees of$55 for the initial recording of the lien and $45 for
recording a satisfaction of lien once it is paid, will be imposed upon your property by the
City of Dania Beach, Florida, and said lien recorded in the public records of Broward
County, Florida.
If you desire to have a hearing on this statement, a written request for same must be
filed in the office of the City Clerk on or before the 13th day of June 2003.
"Broward's First City"
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
I
se govern yourself accordingly.
- V41x---
Eric Baker
Code Inspector
/sp
` INSTR#103232529
CLAIM OF LIEN OR BK 35867 Pages 377-377
RECORDED 08/21/03 09:03:28
BROWARD COUNTY COMMISSION
STATE OF FLORIDA) DEPUTY CLERK 1034
#4,1 Pages __.----—
COUNTY OF BROWARD) SS.
THE CITY OF DANIA BEACH, FLORIDA, a municipal corporation
organized and existing under the laws of the State of Florida, on
May 15, 2003, furnished
MOWING AND TRASH REMOVAL
services to the following described property located in the City
of Dan a -Beach7— Broward County, Florida, and the amount of
charges for same as shown hereinafter is due and owing the City
of Dania Beach, Florida on the real property described as
follows:
TOMMY & ANN FRANK (OWNER) , ST. JAMES PARK NORTH 3-33 BLOT 2
LESS WLY 7, 3 LESS S 2 INCHES LESS WLY 7 BLK 2 TAX FOLIO NUMBER
51 42 03 07 0190; TO PAY THE AMOUNT OF $651 . 75 BY THE DATE OF
JUNE 13, 2003, with interest thereon at the rate of twelve
percent (12a) per annum from JUNE 13, 2003, the date for interest
to begin as shown in your statement for such services, to the
date of payment of the amounts due.
The City of Dania Beach, Florida, claims a lien for the above
amount, as provided for in Section 13-23, Public Nuisances,
Chapter 13 of the Code of Ordinances of the City of Dania Beach,
Florida.
WITNESSES:
CITY OF DANIA BEACH
L BY: 6c �..
T` Patricia Varney
Finance Director
SWORN TO AND SUBSCRIBED before me this day of <TL
,
2003.
Patricia Varney is personally
known to me.
NOTARY PUBLIC
This instrument was prepared by:
CITY ATTORNEY
CITY OF DANIA BEACH
P.O. BOX 1708
DANIA BEACH, FLORIDA 33004 ., SHARON PRENWE
My Commission Expires: ;=o`""�P��ti Notary PubaC-State of Flodda
9NComrnkzbnEq*wMay9,2007.
Commisalon#DD181004
;,P,�,„�,p�.
Bonded By Notional NotaryAwm